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Chennai Court July 2016 Judgments

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Jul 05 2016

S. Tamilselvan and Others Vs. The Government of Tamil Nadu, Rep. by th ...

Court: Chennai

Decided on: Jul-05-2016

(Prayers: W.P. No.1215 of 2015 : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Declaration of the decision of the Peace Committee Meeting held on 12.1.2015 at Namakkal, Namakkal District in respect of the novel Madhorubagan written by Perumal Murugan under the Chairmanship of District Revenue Officer, Namakkal District, the 3rd respondent as null and void and ultra vires Article 19 (1) (a) of the Constitution of India. W.P. No.20372 of 2015 : Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 4 and 5 to forfeit all the copies of the book titled Madhorubagan written in Tamil by the 1st respondent and its translated English version titled One Part Woman printed, published, circulated, offered for sale and sold in various formats, i.e. in print media and electronic media by the 2nd and 3rd respondents respectively. Crl. O.P. Nos.7086 and 7153 of 2015 : Petitions filed under ...


Jul 05 2016

The Secretary, Tamil Nadu Public Service Commission Vs. V. Jayasutha

Court: Chennai

Decided on: Jul-05-2016

(Prayer: Appeal under Clause 15 of the Letters Patent, against the order dated 18.06.2014 made in W.P.No.3409 of 2014.) Huluvadi G. Ramesh, J. 1. Heard the learned counsel for the parties. 2. This appeal by the Tamil Nadu Public Service Commission is against the order of the learned single Judge in accepting the case of the respondent/writ petitioner to consider her for appointment by extending the benefit of reservation for having studied in the Tamil medium. It appears that in the Combined Subordinate Services Examination-I, the respondent/writ petitioner, having applied for the post, also made a mention in the application that she had studied in Tamil medium, but did produce the said certificate, however, sought to produce the said certificate at the time of certificate verification and thus, relying upon the Division Bench judgments of this Court in the case of K.Arun Sabhapathy v. Tamil Nadu Public Service Commission rep.by its Secretary, Chennai and others reported in (2009) 3 ML...


Jul 05 2016

K. Syed Mohamed Vs. The District Collector, Tuticorin and Others

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd Respondent to dispose the proceedings on the basis of the petitioner's representation dated 02.12.2014 within a time frame fixed by this Hon'ble court.) 1. It comes to be known from the contents of affidavit filed by the writ petitioner that the petitioner ( being power agent) and his principals are the title holders of 1 acre 2 cents of land situate at Mappillaioorani, Tuticorin District, bearing Sy.No.154/3 and they are the descendants of one late Madasamy, S/o.Govindan, he held a patta in his favour bearing No.287. 2. The grievance of the petitioner is that when he verified all the records pertaining to the property in the aforesaid survey number, he observed that the UDR (Updating Registry Scheme) contained the name of a person other than the name of Madasamy and it was wrongfully mentioned as Mariammal. Therefore, he addressed a representation dated 02.12....


Jul 05 2016

The Management, Madura Sugars, Pandiarajapuram, and Others Vs. The Pre ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorari to call for the records in relating to the award passed by the first respondent in I.D.No.33 of 1996 dated 29.04.2009 and to quash the same. Writ Petition filed under Article 226 of the Constitution of India for the issuance of a writ of certiorarified mandamus calling for the records relating to the award of the Labour Court, Madurai in I.D.No.33/1996 dated 29.4.2009 and quash the same in so far as it relates to denial of backwages to the petitioner is concerned consequently directing the 2nd respondent management to pay full backwages to the petitioner.) CommonOrder 1. Since the issue involved in both the Writ Petitions is one and the same, they are are taken up together and disposed of, by this common order. 2. The Writ Petition in W.P.(MD).No.6090 of 2010 has been preferred by the Management of Madurai Sugars, praying for issuance of a Writ of Certiorari to call for ...


Jul 05 2016

Prathyusha Educational Trust Vs. The Assistant Commissioner of Income- ...

Court: Chennai

Decided on: Jul-05-2016

(Common Prayer: These Writ Petitions are filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus to call for the records of the first respondent in PAN: AAATP5521H and quash the impugned Corrigendum, dated 22.01.2015, issued to assessment order passed under Section 143(3) r.w.s. 153A of the Act for the Assessment Years 2010-11 and 2011-12, and direct the fourth respondent not to pass an order on appeal based on the impugned corrigendum for the assessment year 2010-11 and 2011-12.) Common Order: 1. The petitioner, a public Charitable Trust running educational institutions, is registered under Section 12AA of the Income Tax Act (Act), by an order dated 22.10.2002. The petitioner had also obtained approval under Section 10(23C)(vi) of the Act, vide notification dated 30.04.2008. A search under Section 132 of the Act was conducted by the Investigation Wing of the respondent Department at the premises of the petitioner on 02.07.2010. Pursuant to w...


Jul 05 2016

Nandhagopal @ Manikandan Vs. State by, The Inspector of Police, Thiruv ...

Court: Chennai

Decided on: Jul-05-2016

(Prayer: Appeal filed u/s.374 Cr.P.C., against the Judgment of conviction and sentence passed by the learned I Additional Sessions Judge, Thiruvallore, made in S.C.No.121 of 2014, dated 23.09.2015.) S. Nagamuthu, J. 1. The appellant is the sole accused in S.C.No.121 of 2014 on the file of the learned I Additional Sessions Judge, Thiruvallur. He stood charged for offences under Sections 364-A and 302 of IPC. By judgment dated 23.09.2015, the trial court convicted him under both the charges and sentenced him to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for 6 months for the offence under Section 302 of IPC and to undergo imprisonment for life and to pay a fine of Rs.10,000/-, in default, to undergo simple imprisonment for 6 months for the offence under Section 364-A of IPC. Challenging the said conviction and sentence, the appellant is before this Court with this Criminal Appeal. 2. The case of the prosecution in brief is a...


Jul 05 2016

G. Sulochana Gopal Vs. The District Collector Theni District and Other ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 09.05.2016 and pass orders on merits within a time frame.) 1. Heard both sides. 2. According to the Petitioner, if the road is laid in her agricultural land bearing Survey Nos.897/1 and 896 at C.Pudupatty, Uthamapalayam Taluk, Theni District (in which she had not gifted any portion to the Government), the said road would run through her agricultural land and it would have huge impact on her agricultural activities. However, if the land which was gifted by the adjacent land owner bearing Survey No.901 with registered Document No.405 dated 21.01.2012 for laying the road is utilized, instead of her present land at Survey Nos.897/1 and 896 situated at C.Pudupatty, Uthamapalayam Taluk, Theni District, it would not hamper her agricultural activity. 3. The stand of the Petitioner is that Section 3(2) of t...


Jul 05 2016

The Managing Director, Tamil Nadu State Transport Corporation Vs. Laks ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicle Act, 1988, to set aside the decree and Judgment dated 07.08.2006 and made in MCOP No.171 of 2002, on the file of the Motor Accidents Claims Tribunal, Additional District Judge/ Fast Track Court, Ramanathapuram.) 1. This appeal is directed against the award of the Motor Accident Claims Tribunal, (Additional District Court, Fast Track Court), Ramanathapuram, passed in MCOP No.171 of 2003 dated 07.08.2006. 2. According to the claimants, on 12.03.2002 at 10.30 p.m, the deceased Sakthivel, who was working as Sub-Inspect of Police, was returning from Kottaimedu village as a pillion rider in a two-wheeler bearing Registration No.TN-45-C-9819. When the motorcycle reached at Kundaru bridge, the bus of the appellant Transport Corporation bearing Registration No. TN-63-N-0727 was taken in reverse direction in a rash and negligent manner in order to give way to a bullock cart dashed against the motorcycle. In the impact, ...


Jul 05 2016

M. Ramanathan Vs. The Secretary to Government, Environment and Forest ...

Court: Chennai Madurai

Decided on: Jul-05-2016

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records of the first respondent relating to G.O.(1-D) No.310, Environment and Forest Department, dated 16.10.2009 and quash the same.) 1. This Writ Petition has been filed, challenging the order passed by the first respondent, vide G.O.(1-D) No.310, Environment and Forest Department, dated 16.10.2009, wherein the punishment inflicted on the petitioner has been confirmed, dismissing the revision petition filed against the order passed by the appellate authority, dated 20.08.2008. 2. The brief facts that are necessary for the disposal of this Writ Petition follows as under: 2.1. The petitioner was serving in the Forest Department from 08.04.1974 to 31.10.2009. When he was serving as Forest Ranger at Gandamanur Range, Madurai Forest Division, for the period from 21.10.1997 to 05.05.1998, the petitioner detected the Ganja cultivation at Kamankal area, within his ran...


Jul 05 2016

R. Ravi Vs. The Deputy Director, Union of India, Chennai and Another

Court: Chennai

Decided on: Jul-05-2016

(Prayer: Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the entire records on the file of the 1st respondent in Original Complaint No.552 of 2016 in Provisional Attachment No.3/2016 in ECIR No.CEZO/3/2013 [APS] dated 17.02.2016 and quash the same.) 1. By consent, the writ petition is taken up for final disposal. 2. The petitioner in the affidavit filed in support of this writ petition, avers as follows:- [a] The 1st respondent had registered ECIR No.CEZO/3/2013 [APS] under the Prevention of Money Laundering Act, 2002 [Central Act 15 of 2013 - in short PMLA ] against the petitioner and his four minor children, namely, Harshavardhan, aged about 13 years, Dharanidharan, aged about 17 years, Kushal, aged about 11 years and Harish, aged about 7 years, for the alleged offences of Money Laundering and it based on the First Information Report registered in Crime No.573/2013 on 21.03.2013 by R-7 K.K.Nagar Police Station, Chennai ...


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